Citation Nr: 21029820
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 17-63 871
DATE: May 17, 2021

ORDER

The issue of entitlement to an initial rating higher than 30 percent prior to August 10, 2017, and higher than 70 percent thereafter, for the service-connected major depressive disorder with anxious distress, is dismissed.

FINDING OF FACT

In November 2020 correspondence, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal seeking entitlement to initial rating for the service-connected major depressive disorder with anxious distress.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Veteran seeking entitlement to an initial rating higher than 30 percent prior to August 10, 2017, and higher than 70 percent thereafter, for the service-connected major depressive disorder with anxious distress are met. 38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.205 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1994 to September 1998. 

In October 2019, the Board remanded the issues of service connection for a left knee disability and initial rating higher than 30 percent for major depressive disorder for further development.

Subsequently, in an August 2020 rating decision, the RO granted service connection for a left knee disability.  This is considered a full grant of the benefits sought on appeal and this issue is no longer in appellate status.  The decision further increased the rating for depressive disorder to 70 percent rating effective August 10, 2017, the date private treatment records showed increase in severity.

A supplemental statement of the case (SSOC) was issued in August 2020.  Subsequent to the August 2020 SSOC, by a signed May 2020 appeal satisfaction notice, the Veteran indicated that he was satisfied with the decision and wished to withdraw all remaining issues associated with the appeal.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 20.205.

The Board concludes that with regard to the issue on appeal, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review this issue and the appeal is dismissed.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Yaffe, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.